With reference to our present discussion, I have shown how justice bears the resemblance of folly, that it may appear that those are not deceived without reason who think that men of our religion are foolish in appearing to do such things as he proposed. Now I perceive that a greater undertaking is required from me, to show why God wished to enclose justice under the appearance of folly, and to remove it from the eyes of men, when I shall have first replied to Furius, since Lælius has not sufficiently replied to him; who, although he was a wise man, as he was called, yet could not be the advocate of true justice, because he did not possess the source and fountain of justice. But this defence is easier for us, to whom by the bounty of Heaven this justice is familiar and well known, and who know it not in name, but in reality. For Plato and Aristotle desired with an honest will to defend justice, and would have effected something, if their good endeavours, their eloquence, and vigour of intellect had been aided also by a knowledge of divine things. Thus their work, being vain and useless, was neglected: nor were they able to persuade any of men to live according to their precept, because that system had no foundation from heaven. But our work must be more certain, since we are taught of God. For they represented justice in words, and pictured it when it was not in sight; nor were they able to confirm their assertions by present examples. For the hearers might have answered that it was impossible to live as they prescribed in their disputation; so that none have as yet existed who followed that course of life. But we show p. 153 the truth of our statements not only by words, but also by examples derived from the truth. Therefore Carneades understood what is the nature of justice, except that he did not sufficiently perceive that it was not folly; although I seem to myself to understand with what intention he did this. For he did not really think that he who is just is foolish; but when he knew that he was not so, but did not comprehend the cause why he appeared so, he wished to show that the truth lay hidden, that he might maintain the dogma of his own sect, 1037 the chief opinion of which is, “that nothing can be fully comprehended.”
Let us see, therefore, whether justice has any agreement with folly. The just man, he says, if he does not take away from the wounded man his horse, and from the shipwrecked man his plank, in order that he may preserve his own life, is foolish. First of all, I deny that it can in any way happen that a man who is truly just should be in circumstances of this kind; for the just man is neither at enmity with any human being, nor desires anything at all which is the property of another. For why should he take a voyage, or what should he seek from another land, when his own is sufficient for him? Or why should he carry on war, and mix himself with the passions of others, when his mind is engaged in perpetual peace with men? Doubtless he will be delighted with foreign merchandise or with human blood, who does not know how to seek gain, who is satisfied with his mode of living, and considers it unlawful not only himself to commit slaughter, but to be present with those who do it, and to behold it! But I omit these things, since it is possible that a man may be compelled even against his will to undergo these things. Do you then, O Furius—or rather O Carneades, for all this speech is his—think that justice is so useless, so superfluous, and so despised by God, that it has no power and no influence in itself which may avail for its own preservation? But it is evident that they who are ignorant of the mystery 1038 of man, and who therefore refer all things to this present life, cannot know how great is the force of justice. For when they discuss the subject of virtue, although they understand that it is very full of labours and miseries, nevertheless they say that it is to be sought for its own sake; for they by no means see its rewards, which are eternal and immortal. Thus, by referring all things to the present life, they altogether reduce virtue to folly, since it undergoes such great labours of this life in vain and to no purpose. But more on this subject at another opportunity.
In the meanwhile let us speak of justice, as we began, the power of which is so great, that when it has raised its eyes to heaven, it deserves all things from God. Flaccus therefore rightly said, that the power of innocence is so great, that wherever it journeys, it needs neither arms nor strength for its protection:—“He whose life hath no flaw, pure from guile, need not borrow
It is impossible, therefore, that amidst the dangers of tempests and of wars the just man should be unprotected by the guardianship of Heaven; and that even if he should be at sea in company with parricides and guilty men, the wicked also should not be spared, that this one just and innocent soul may be freed from danger, or at any rate may be alone preserved while the rest perish. But let us grant that the case which the philosopher proposes is possible: what, then, will the just man do, if he shall have met with a wounded man on a horse, or a shipwrecked man on a plank? I am not unwilling to confess he will rather die than put another to death. Nor will justice, which is the chief good of man, on this account receive the name of folly. For what ought to be better and dearer to man than innocence? And this must be the more perfect, the more you bring it to extremity, and choose to die rather than to detract from the character of innocence. It is folly, he says, to spare the life of another in a case which involves the destruction of ones own life. Then do you think it foolish to perish even for friendship?
Why, then, are those Pythagorean friends praised by you, of whom the one gave himself to the tyrant as a surety for the life of the other, and the other at the appointed time, when his surety was now being led to execution, presented himself, and rescued him by his own interposition? Whose virtue would not be held in such glory, when one of them was willing to die for his friend, the other even for his word 1041 which had been pledged, if they were regarded as fools. In fine, on account of this very virtue the tyrant rewarded them by preserving both, and thus the disposition of a most cruel man was changed. Moreover, it is even said that he entreated 1042 them to admit him as a third party to their friendship, from which it is plain that he regarded them not p. 154 as fools, but as good and wise men. Therefore I do not see why, since it is reckoned the highest glory to die for friendship and for ones word, it is not glorious to a man to die even for his innocence. They are therefore most foolish who impute it as a crime to us that we are willing to die for God, when they themselves extol to the heavens with the highest praises him who was willing to die for a man. In short, to conclude this disputation, reason itself teaches that it is impossible for a man to be at once just and foolish, wise and unjust. For he who is foolish is unacquainted with that which is just and good, and therefore always errs. For he is, as it were, led captive by his vices; nor can he in any way resist them, because he is destitute of the virtue of which he is ignorant. But the just man abstains from all fault, because he cannot do otherwise, although he has the knowledge of right and wrong.
But who is able to distinguish right from wrong except the wise man? Thus it comes to pass, that he can never be just who is foolish, nor wise who is unjust. And if this is most true, it is plain that he who has not taken away a plank from a shipwrecked man, or a horse from one who is wounded, is not foolish; because it is a sin to do these things, and the wise man abstains from sin. Nevertheless I myself also confess that it has this appearance, through the error of men, who are ignorant of the peculiar character 1043 of everything. And thus the whole of this inquiry is refuted not so much by arguments as by definition. Therefore folly is the erring in deeds and words, through ignorance of what is right and good. Therefore he is not a fool who does not even spare himself to prevent injury to another, which is an evil. And this, indeed, reason and the truth itself dictate. 1044 For we see that in all animals, because they are destitute of wisdom, nature is the provider of supplies for itself. Therefore they injure others that they may profit themselves, for they do not understand that the 1045 committing an injury is evil. But man, who has the knowledge of good and evil, abstains from committing an injury even to his own damage, which an animal without reason is unable to do; and on this account innocence is reckoned among the chief virtues of man. Now by these things it appears that he is the wisest man who prefers to perish rather than to commit an injury, that he may preserve that sense of duty 1046 by which he is distinguished from the dumb creation. For he who does not point out the error of one who is offering the gold for sale, in order that he may buy it for a small sum, or he who does not avow that he is offering for sale a runaway slave or an infected house, having an eye to his own gain or advantage, is not a wise man, as Carneades wished it to appear, but crafty and cunning. Now craftiness and cunning exist in the dumb animals also: either when they lie in wait for others, and take them by deceit, that they may devour them; or when they avoid the snares of others in various ways. But wisdom falls to man alone. For wisdom is understanding either with the purpose of doing that which is good and right, or for the abstaining from improper words and deeds. Now a wise man never gives himself to the pursuit of gain, because he despises these earthly advantages: nor does he allow any one to be deceived, because it is the duty of a good man to correct the errors of men, and to bring them back to the right way; since the nature of man is social and beneficent, in which respect alone he bears a relation to God.
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